Financial Compensation For Non-Material Damages In Spain

Legal doctrine and jurisprudence in Spain assume that financial compensation for damage must be all-inclusive and, therefore, compensation should not only include material damages but also non-material damages.

Therefore, based on the general principle of the Spanish system, “restitutio in integrum”, there is consensus both on the part of the doctrine and jurisprudence when defining what non-material damages are.

Both agree that non-material damage is all private damage that cannot be understood as material damage.

The question is how is non-material damage to be understood? According to Spanish doctrine and jurisprudence, non-material damage, may consist of anguish, suffering, affliction (both physical and spiritual), humiliation, and, in general, the pain suffered by the victim.